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1. The plaintiff
A. As to Defendant B and Defendant C’s joint and several KRW 90,960,272 and KRW 30,000,000 among them, March 5, 2016.
Reasons
1. Basic facts
A. The loan certificate was drawn up on April 12, 2006, with the Plaintiff’s obligee as the obligor B, the surety C, and the Defendant D, with the loan principal of KRW 80,000,000, interest rate of KRW 1.5, the due date of payment as of April 12, 2007.
B. The Plaintiff paid KRW 78,800,000,000, which deducted the advance interest of KRW 1,200,000, to Defendant B, and received a total of KRW 95,580,000 from the Defendants until January 27, 2014.
[Ground for recognition] Unsatisfy
2. The assertion and judgment
A. 1) The Plaintiff’s basic facts as to the repayment of principal and exemption from interest on the loan 1)
Defendant B asserts that all of the amounts to be paid in this paragraph were appropriated as interest, and Defendant B claimed that part of the leased principal was exempted from interest after June 30, 2011. Defendant B repaid KRW 10,000,000,000 on April 25, 2012, and January 10, 2014, and KRW 10,000,000 on or after January 27, 2014.
First, comprehensively taking account of the health care of KRW 30,00,00 for repayment on June 30, 201, the Plaintiff paid KRW 1,200,00 or KRW 300,00 for each month interest of KRW 1,200 or KRW 300,00 for each month until September 16, 2010, and the overall purport of the Defendant’s personal examination and arguments as to KRW 30,000 for the payment of KRW 30,000,00, not for the parties, or for KRW 5,00 among the parties, and for the following reasons: (a) the Defendant paid the Plaintiff KRW 1,20,00 or KRW 30,00 for each month until September 16, 2010; (b) the Plaintiff’s principal payment of KRW 30,00 for the interest that was not for the payment of KRW 30,00 for each month; and (c) the Plaintiff’s receipt was not for the payment of KRW 30,010,000.6.
Next, according to the health unit for each of the repayment amounts of KRW 10,00,000,00 as of April 25, 2012 and January 27, 2014, according to the evidence above, Defendant D did not have good health, such as cerebral blood, while Defendant D did not have good health.